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VILLAGE OF KIRYAS JOEL, res-ap, v. COUNTY OF ORANGE, APPELLANT-res

VILLAGE OF KIRYAS JOEL, res-ap, v. COUNTY OF ORANGE, APPELLANT-res — (INDEX NO. 9372/10)In action, inter alia, to recover damages for breach of contract, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Dutchess County (Brands, J.), dated January 28, 2014, as denied its cross motion for summary judgment dismissing the complaint, and the plaintiff crossappeals, as limited by its brief, from so much of the same order as denied its motion for summary judgment on the complaint.

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VILLAGE OF KIRYAS JOEL, res-ap, v. COUNTY OF ORANGE, APPELLANT-res — (INDEX NO. 9372/10)In action, inter alia, to recover damages for breach of contract, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Dutchess County (Brands, J.), dated January 28, 2014, as denied its cross motion for summary judgment dismissing the complaint, and the plaintiff crossappeals, as limited by its brief, from so much of the same order as denied its motion for summary judgment on the complaint.

ORDERED that the order is modified, on the law, by deleting the provision thereof denying those branches of the defendant’s cross motion which were for summary judgment dismissing the first, third, fourth, and fifth causes of action and substituting therefor a provision granting those branches of the cross motion; as so modified, the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

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